HomeMy WebLinkAbout12.15.08 Council Minutes
7a.-
COUNCIL MINUTES
PRE-MEETING
DECEMBER 15, 2008
1. CALL TO ORDER
The meeting was called to order by Mayor Soderberg at 6:30 p.m.
Members Present:
Members Absent:
Also Present:
Soderberg, Fogarty, McKnight, Pritzlaff, Wilson
None
Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator;
Robin Roland, Finance Director; Brian Lindquist, Police Chief;
Randy Distad, Parks and Recreation Director; Kevin Schorzman,
City Engineer; Todd Reiten, Municipal Services Director; Lisa
Shadick, Administrative Services Director; Brenda Wendlandt,
Human Resources Director; Cynthia Muller, Executive Assistant
2. APPROVE A GENDA
MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION
CARRIED.
3. CITIZEN COMMENTS
4. COUNCIL REVIEW OF AGENDA
Council asked about the fiber line contract with ISD 192. The City and school will each
pay their portion. This contract allows for swapping fiber lines if the line is cut. This
pertains to the fiber line to Akin Elementary School. The agreement also allows for
expansion to other areas.
Council asked about the amendment to the solid waste ordinance regarding changing to
one-sort system recycling and why it was not included in the contract approved earlier in
the year. Staff explained the one-sort system will start January 1, 2009, and cans will be
delivered next week. Residents can set out the old bins or keep them.
5. STAFF COMMENTS
City Administrator Herlofsky pulled the City Hall Change Orders. This will be brought
back at the January 20, 2009 meeting.
Mayor Soderberg proposed moving the Third Amendment to Development Contract -
Vermillion River Crossing to consent as this was changing a date already agreed to at a
previous meeting. Councilmember Wilson noted the name in the signature line needed to
match what was in the contract.
Council Minutes (Pre-Meeting)
December 15,2008
Page 2
Councilmember Pritzlaff was uncomfortable with having the new Council working with
change orders for the City Hall project as many of the items pertained to previous
engineering issues. City Administrator Herlofsky stated it is an $8 million project and
the change orders amount to $53,600. He pulled this item off because he wanted to check
on a couple numbers. Councilmember Pritzlaff noted the City is not responsible for
structural changes and staff needed to find out who is accountable for some of the change
orders.
Council member Pritzlaff noted he was late to the last workshop because he was at a City
event from 3 - 5 p.m.
6. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 6:48 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
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//'~~~
c:;/
Cynthia Muller
Executive Assistant
COUNCIL MINUTES
REGULAR
DECEMBER 15, 2008
1. CALL TO ORDER
The meeting was called to order by Mayor Soderberg at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Soderberg led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Audience:
Soderberg, Fogarty, McKnight, Pritzlaff, Wilson
None
Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator;
Robin Roland, Finance Director; Brian Lindquist, Police Chief;
Randy Distad, Parks and Recreation Director; Kevin Schorzman,
City Engineer; Todd Reiten, Municipal Services Director; Lisa
Shadick, Administrative Services Director; Brenda Wendlandt,
Human Resources Director; Cynthia Muller, Executive Assistant
Abel Miranda, Kara Hildreth
4. APPROVE A GENDA
Councilmember Pritzlaff pulled item 71) Approve Agreement Security Cameras City Hall
and Police Station for discussion. City Administrator Herlofsky pulled item lOa) City
Hall Change Orders to bring it back to the January 20, 2009 meeting. Mayor Soderberg
moved item lla) Approve Third Amendment to Development Contract- Vermillion
River Crossing to the Consent Agenda. He added item 5c) Toys for Town.
MOTION by McKnight, second by Fogarty to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Acknowledge Council Service
City Administrator Herlofsky thanked Council for hiring him 960 days ago. He
noted this Council found a way to arrive at the same destination by taking
different paths. Serving on a City Council is democracy at a basic level and this
Council has done an excellent job of serving the residents. He presented plaques
to Mayor Soderberg, Councilmembers McKnight and Pritzlaff.
Councilmember Pritzlaff thanked those who supported him in 2004 and in the
2008 election. He has attended many events and meetings in service to the City.
b) Yellow Ribbon City Proclamation
Mayor Soderberg read a proclamation from Governor Pawlenty noting
Farmington has been recognized as the first Yellow Ribbon City in the state.
Other states are looking at Minnesota and Farmington as an example. The future
Council should continue to support Yellow Ribbon and Warrior to Citizen
Council Minutes (Regular)
December 15,2008
Page 2
programs. Councilmember Pritzlaff thanked Annette Kuyper for her hard work
on these programs.
c) Toys for Town
Farmington High School students raised $10,000 for Toys for Town, a program
that takes care of Farmington residents during the holidays. Wrapping of gifts
will be Saturday at 8 a.m.
6. CITIZEN COMMENTS
Mr. Russell Zelmer, Castle Rock Township, thanked the Council and employees for their
work with the Castle Rock Discussion Group.
a) Response to Mr. Charlie Weber
A response was sent to Mr. Weber regarding his questions on the Rambling River
Center and the elimination of the Recreation Supervisor position.
7. CONSENT AGENDA
MOTION by Pritzlaff, second by McKnight to approve the Consent Agenda as follows:
a) Approved Council Minutes (12/1/08 Pre-Meeting & Regular)
b) Received Information School and Conference - Police
c) Approved Metro Watershed Partners Funding - Natural Resources
d) Approved School and Conference - Natural Resources/Solid Waste
e) Approved Temporary Liquor License - Administration
f) Adopted RESOLUTION R77-08 Approving Gambling Event Permit-
Administration
g) Adopted ORDINANCE 008-595 Amending Solid Waste Ordinance - Municipal
Services
h) Received Information November 2008 Financial Report - Finance
i) Set January 14,2009, for Boards and Commissions Interviews - Administration
j) Adopted RESOLUTION R78-08 Approving Heritage Preservation Commission
Consultant Contract - Administration
k) Adopted RESOLUTION R79-08 Approving Police Sergeant's Agreement-
Human Resources
m) Adopted ORDINANCE 008-596 Amending City Code Defining Modular Homes
- Planning
n) Adopted ORDINANCE 008-597 Amending City Code to Conditionally Allow
Multiple-Family Dwellings - Planning
0) Accepted Resignation Planning Commission - Administration
p) Approved Fiber Line Contract with ISD 192 - Human Resources
q) Approved Bills
r) Approved Third Amendment to Development Contract - Vermillion River
Crossing - Engineering
APIF, MOTION CARRIED.
Council Minutes (Regular)
December 15, 2008
Page 3
I) Approve Agreement Security Cameras City Hall and Police Station - Police
Councilmember Pritzlaff noted funds are being used from the new City Hall
project for security cameras for the City Hall, liquor stores, Maintenance Facility,
and Police Station. He asked how money can be used from the new City Hall
project for other buildings but the money cannot be used to renovate the old City
Hall for the Rambling River Center. Finance Director Roland stated money is not
being used from City Hall funds to pay for cameras for other buildings. When the
Police Station and Maintenance Facility were constructed, a Municipal Projects
fund was opened. There are two separate accounts; a municipal building fund for
the Police and Maintenance Facility and a second account for the City Hall.
Money from the sewer, water, storm water and refuse contribute. The liquor store
pays for the cameras itself. Money cannot be used for the Rambling River Center
because the use of the money for the new City Hall is specific to the CIP bonds
which does not include other buildings.
8. PUBLIC HEARINGS
a) Adopt Ordinance - 2009 Fee Schedule - Administration
Council asked questions about various fees. Regarding dog licenses, the fee goes
up after March 1 to encourage residents to license their dogs early in the year.
The surface water management fee was changed from square feet to acres to be
consistent with other fees that are by the acre. Councilmember Pritzlaff noted the
surface water management fee for low density residential is a 65% increase. City
Engineer Schorzman explained every ten years the City goes through a planning
process with the four plans and calculates what the future needs will be based on
current dollars. The estimate is based on construction costs. Councilmember
Pritzlaff noticed the residential high density is a $7,000 increase and commercial
is also up. The water treatment plat fee is up $300. City Engineer Schorzman
explained the same methodology was used. There is a dramatic increase in what
the Water Treatment Plant will cost. This increase is half what it will cost.
Councilmember Pritzlaff stated he will vote no on the fees. They are way too
high and not competitive with other cities.
Councilmember Wilson identified the same concerns. If we are not competitive
with our neighbors, we need to balance our needs with other cities. He suggested
these fees be considered in January.
Councilmember Fogarty suggested pulling this portion out of the fee schedule and
asked staff to create a spreadsheet to compare other cities and what their fees
include. As far as the Ice Arena fees, she suggested we use the PRAC
recommendation.
Councilmember Wilson wanted to approve all the fees in January, however staff
noted certain fees need to be approved by January 1, especially the Met Council
fees.
Council Minutes (Regular)
December 15,2008
Page 4
MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF,
MOTION CARRIED. MOTION by Fogarty, second by McKnight to adopt
ORDINANCE 008-598 establishing 2009 fees and charges effective January I,
2009, except the Permit section for Subdivisions/Developments including the
surface water management fees, park development fee, and the water treatment
plant fee. These should be brought back to the January 20,2009, meeting. The
Ice Arena fee should be the PRAC recommendation. Voting for: Soderberg,
Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
b)
Approve Roundabout Change Orders and Final Pay Estimate - Engineering
City Engineer Schorzman explained change orders 1-5 for the TH3 and 195th
Street roundabout. Change order I includes payment for the excavation of muck
soils that were encountered on the west leg of the roundabout and also payment
for material that was hauled in to replace the unsuitable materials. Change order
2 provides payment for changes to the traffic control to add more barricades and
signs to provide additional guidance for the public. Also signs were needed to
provide guidance to Southern Hills Golf Course and the entrance location for the
golf course was moved from TH3 to the east leg of the roundabout. Change order
3 includes removing and relocating driveway culverts, change in the type of heads
on the lights in the roundabout, working and compacting a section of subgrade,
payment for delays and extra work due to utility conflicts, changes to the
irrigation system, and hiring a different contractor to finish the striping. Change
order 4 is payment for work and materials to relocate the existing entrance to
Southern Hills Golf Course from TH3 to the end of the east leg of the roundabout.
Change order 5 is a price reduction based on tests that did not meet the
specifications for 100% payment. MOTION by Fogarty, second by McKnight to
approve change orders 1-5 for the TH3 roundabout project and final payment to
the contractor in the amount of$77,230.89. Voting for: Soderberg, Fogarty,
McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED.
c)
Approve Spruce Street Change Order - Engineering
City Engineer Schorzman explained change order 2 for the Spruce Street/Second
Street utility and street reconstruction project. The change order includes
payment for advanced warning traffic control signs, restocking fee of sanitary
manhole #4, two-inch copper water services, two twelve-inch and one six-inch
hydrant extension, and widening the northeast comer of the Spruce Street and
Second Street intersection. MOTION by Fogarty, second by Wilson to approve
change order 2 in the amount of$8,689.02. APIF, MOTION CARRIED.
Council Minutes (Regular)
December 15,2008
Page 5
11. UNFINISHED BUSINESS
b) Adopt Resolution - Approve 2009 Tax Levy and Budget - Finance
The tax levy and 2009 budget is the same as what was proposed at the September
15,2008, Council meeting. MOTION by McKnight, second by Fogarty to adopt
RESOLUTION R80-08 setting the 2009 collectible property tax levy.
Councilmember Pritzlaff was concerned with approving the levy before the 2009
budget. City Administrator Herlofsky noted Council should not lower the levy.
Councilmember Wilson noted due to cuts in the State budget, Governor Pawlenty
encouraged cities to not have merit or incentive pay. There are significant dollars
when you tack on 3% to the mid-year performance. He had a concern with that
ongoing practice. Weare proposing to lose a staff person, which is unwarranted
and felt that would be the trend. He would prefer to retain staff at a more
consistent market value. Councilmember Pritzlaff noted companies are
suspending merit pay and also freezing wages. He also had questions with the
Recreation Supervisor position being eliminated and salaries. If the levy is
approved at 5% there would be no change in the budget. If changes can happen in
the budget, they would bring the levy down. Councilmember McKnight
cautioned we may not get $350,000 in State aid. Mayor Soderberg noted staff
reduced the levy to 5%, which is what Council asked them to do. Voting yes:
Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION
CARRIED.
The 2009 budget does not contain any new staff, a Police Officer has been re-
assigned to the school district, $75,000 will be transferred from the liquor fund to
fund the pool. The Fire Chief position has been removed along with the new fire
truck, and the Recreation Supervisor position has been eliminated.
Councilmember Wilson noted the residents find value in the recreation programs
provided. Recreation Supervisor Patti Norman does a phenomenal job in
providing those programs to residents, runs the pool, and that position is proposed
to be eliminated. He felt this will blow up recreation programs in the City. There
is a lot of attention directed towards a non-profit to come to the City, but they are
not here yet. He felt we were dismantling our recreation programs. Unless the
Park and Rec staff is working less than 40 hours a week, he cannot see how there
would not be an accumulation of overtime hours and an increase in hiring
seasonal staff. We are saving $75,000, but a large chunk will be used up in
overtime. The Parks and Recreation Commission is also concerned with
eliminating this position. Before we have the certainty of a non-profit that would
partner with the City, we should not eliminate staff. He would like to see the new
Council, Parks and Recreation Commission, City Administrator and Parks and
Recreation Director get a global picture of what is going on. He suggested
Council consider funding the position for six months while examining the broader
picture. It is not too much of a gamble to preserve the integrity of the programs to
keep this position until the end ofthe second quarter 2009.
Council Minutes (Regular)
December 15,2008
Page 6
Councilmember Pritzlaff noted in the 2008 accomplishments Parks and
Recreation Supervisor Patti Norman received an award for Party on the Knoll.
That position generates revenue. There are other positions we could do without
with some re-organization. At the last workshop we expended $1200-$1800 for
this person to have additional training after it was proposed to eliminate this
position. He would like to keep the position in the budget. Local government aid
will also be cut. At the last meeting we approved salaries with increases.
Councilmember Pritzlaff gave examples from the salary structure of how the
annual increases from one year to the next did not match with the percentage
increase approved. Finance Director Roland stated the amounts in the 2009
budget are the amounts approved as part of the salary schedule which includes not
just management, but also supervisors, AFSCME who also receive merit pay as
part of their contractual obligations. They may differ because individuals receive
merit pay at different points in the year. City Administrator Herlofsky stated the
salaries for 2007,2008, and 2009 have been consistent with the salary range
established. In 2002 there was a comp worth study and adjustments were made.
Councilmember Pritzlaffnoted department head salaries had a $4,000 - $3,000
difference from one year to the next. At some point merit pay and salaries need to
freeze. Maybe a $4200 merit pay needs to be suspended for a year or two until
things are better. Another person within six months of retiring took a layoff to
save someone else's position. Seeing the step increases and raises approved, he
does not see anyone stepping up to try to keep a position.
Councilmember McKnight noted this Council voted itself a raise next year. We
have been through these issues and he was ready to approve the budget. If the
next Council wants to make changes, they can. Councilmember Wilson noted he
did not vote for his own pay increase.
MOTION by Fogarty, second by McKnight to adopt RESOLUTION R81-08
approving the 2009 budget and revising the 2008 budget. Councilmember
Fogarty noted it was not easy to vote to lay someone off. She has to believe staff
that there will not be increases in overtime or a decrease in recreation programs.
Staff will be held accountable. The City survey five years ago said residents
would rather see a decrease in services than an increase in taxes.
Councilmember Wilson stated if staff is proposing to eliminate a position, don't
give false information that it will not affect the programs. If we had an honest
presentation of the budget, he would not question it. Mayor Soderberg found his
comments degrading to staff. Councilmember Wilson stated there is no
supporting information, so he would submit the information is inaccurate. He will
not rubber stamp a number, he wants to dig in and find out what is happening in
the budget. Councilmember Pritzlaff stated some of the information in the
budget, based on the information he has on salaries, has some inaccuracies. It
took two months to get the additional information. He suggested the next Council
watch what they ask for as it is not given freely.
Council Minutes (Regular)
December 15,2008
Page 7
Mayor Soderberg stated staff did what Council asked them to do. He has every
confidence they gave accurate information. For any Councilmember to say staff
is lying is despicable. While Council disagrees, we have to pass a budget. He
does not like to cut a position. If we do not get State aid, there will be at least
three additional positions. He thanked staff for doing their job. Voting for:
Soderberg, Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION
CARRIED.
c) Approve 2009-2013 CIP - Finance
The projects in the CIP are included in the 2009 budget for funding.
Councilmember McKnight encouraged the next Council to make sure the projects
are feasible before they are started. Councilmember Wilson felt it was important
to review improvements at the intersection of Flagstaff and CRSO.
Councilmember Pritzlaff noted there is $150,000 listed in 2009 for a signal at Elk
River Trail and Pilot Knob Road, but it is not definite a signal will be installed in
2009. Finance Director Roland stated we have to account for potential expense in
case the county does approve it. All projects in the CIP have to come back to
Council to be approved. City Engineer Schorzman suggested the CIP be changed
to traffic control rather than a signal for Elk River Trail, 19Sth Street, and 190th
Street intersections with Pilot Knob Road. MOTION by Fogarty, second by
Pritzlaffto approve the 2009-2013 Capital Improvement Plan changing the
language for Elk River Trail, 19Sth Street and 190th Street intersections with Pilot
Knob Road to read traffic control rather than signal. APIF, MOTION
CARRIED.
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember Fogarty: Thanked the Downtown Business Association for the tree
lighting ceremony. Recycle bins for one-sort recycling will be out this week. She
thanked Mayor Soderberg, Councilmembers McKnight and Pritzlaff and she has enjoyed
the challenging conversations and it has been an honor to serve with them.
Councilmember McKnight: Thanked the community for the honor to allow him to
serve.
Councilmember Wilson: The last four years Council has worked through an
unbelievable set of challenging issues. City government becomes an easy target. He
appreciated Councilmember McKnight's knowledge of local government. He enjoyed
working with Councilmember Pritzlaff and he has served the tax payers well. He
thanked Mayor Soderberg for leading the City. The one aspect he has appreciated is his
humble love for the veterans. The next Council should put a veteran's memorial at the
top of the agenda. He attended the Yellow Ribbon ceremony and it was a humbling
experience. He was very proud ofthe community.
Council Minutes (Regular)
December 15,2008
Page 8
Councilmember Pritz/aff: He appreciated working with all of the Councilmembers.
There are five different personalities up here, but we do our job. We cannot make
everyone happy. He took some responsibility for being hard on staff. Council does
receive phone calls from the people they represent. He has been tough, but he
appreciates everyone's work in the City from the top to the bottom. He was honored to
be appointed to represent the Council in various groups. Public service has been fun and
he enjoyed meeting everyone. He thanked all employees and residents.
City Administrator Her/o/sky: Thanked Council for the opportunity to come to
Farmington and it has been a fun 960 days.
Parks and Recreation
Director Distad:
4:00 p.m.
The outdoor rinks will open Friday, December 19,2008, at
Mayor Soderberg: He has served on the Council for ten years and it has been
an incredible journey and an honor. He thanked the residents for their support. He
thanked all employees for a job well done. They make this job easier. If it were not for
the support of staff and clarification, it would have been a lot tougher. It has been a
privilege serving this Council and past Councilmembers. He has made some incredible
friends. Looking at the accomplishments for 2008 it is remarkable and he has a decade of
those to reflect on. He marvels when people look at a situation and say it's a simple
solution. Some are not quite as simple. Throughout his ten years he has tried to conduct
himself as a public servant. He has tried to maintain a servant's heart. It has been an
incredible journey and he is so grateful.
14. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 9:39 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~;h-?~
Cynthia Muller
Executive Assistant